Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 9,10

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10---Suit for recovery of finance---Application for leave to defend---Statement of accounts, non-filing of---Plaintiff Bank filed suit for recovery of finance against defendants but did not append certified copy of statement of accounts---Validity---Bank was required to file such document in support of its claim which according to S. 9(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 included but was not limited to statement of accounts duly certified under Bankers' Books Evidence Act, 1891 and also by all other documents relating to grant of finances---Grant of leave to defendant revolved around statement of accounts which could only be basis for claim as made by plaintiff in plaint---In absence of such statement of account, claim could hardly be construed as an amount outstanding as statement of account was a crucial document which went to root of case which was mentioned in plaint but not available on record---High Court granted unconditional leave to defend suit to defendants as plaintiff was unable to rebut contention raised by defendants---Application was allowed in circumstances. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---Counsel for defendants Nos.2 and 3 at the very outset has taken me to the documents attached with the plaint and submits that no statement of account is attached with the plaint nor the same is available on the record of the file. He submits that the defendants have taken this objection in their leave to defend application as well and this lacuna could not be cured at any belated stage. Learned counsel in support of his contention has relied upon the case of Apollo Textile Mills Ltd. v. Soneri Bank Ltd. reported in 2012 CLD 337 and submits that non -compliance of this requirement is fatal as far as plaintiff is concerned. As far as plaintiff is concerned, learned counsel has no answer as to non-availability of statement of account on record. He was handed over the Court file but was unable to find the documents/statement of account. I have heard the learned counsel for the defendants and peruse the material available on record and in…

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